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and that they should be supported, even to the end. When they had remained in this situation ten or twelve days, their case was brought to trial by a writ of Habeas Corpus. In the mean time the br. had an attack of the bilious colic which few thought he would survive. In the trial also, all was peace within. He expected never to meet again with his family on earth but could with confidence say, "Not my will but thine be done." - The result of their trial was, their being ordered to give security for their appearance at the next term of the Superior Court, or again committed to jail. Orders had been given by the Governor if they were released by the Court or gave bail and returned home, to have them immediately arrested again. They however gave bail and returned home but thought it not prudent to remain there, as another arrest before they were brought before the Superior Court would not benefit their cause. On the 8th of Sept. my husband left home for his trial in Lawrenceville Geo. There were ten in company. Their trial came the 15th and on the 16th they were sentenced to four years hard labor in the Penitentiary. They had many friends in Georgia who were very indignant at the treatment they had received. They were now placed under a humane guard, and were four days on their journey to Milledgeville. The br. and Mr. Worcester had horses provided them by a friend, but as the rest of the company had none, they walked a great part of the way, that others might ride. When they arrived at the gate of the penitentiary, pardon was offered on condition that they would abandon their missionary labors in the charteses? limits of Georgia or take the oath to sustain that State in her measures against the Cherokees. All accepted one of the other of these terms except the Dr. and Mr. N. Of course the former were released, while the latter were shut up in prison. I have said abandon Missionary labours, but I would here remark that the greatest part were not missionaries, but citizens of the Cherokee country. Now Georgia had herself into a difficulty which she neither intended nor expected.
and that they should be supported, even to the end. When they had remained in this situation ten or twelve days, their case was brought to trial by a writ of Habeas Corpus. In the mean time the br. had an attack of the bilious colic which few thought he would survive. In the trial also, all was peace within. He expected never to meet again with his family on earth but could with confidence say, "Not my will but thine be done." - The result of their trial was, their being ordered to give security for their appearance at the next term of the Superior Court, or again committed to jail. Orders had been given by the Governor if they were released by the Court or gave bail and returned home, to have them immediately arrested again. They however gave bail and returned home but thought it not prudent to remain there, as another arrest before they were brought before the Superior Court would not benefit their cause. On the 8th of Sept. my husband left home for his trial in Lawrenceville Geo. There were ten in company. Their trial came the 15th and on the 16th they were sentenced to four years hard labor in the Penitentiary. They had many friends in Georgia who were very indignant at the treatment they had received. They were now placed under a humane guard, and were four days on their journey to Milledgeville. The br. and Mr. Worcester had horses provided them by a friend, but as the rest of the company had none, they walked a great part of the way, that others might ride. When they arrived at the gate of the penitentiary, pardon was offered on condition that they would abandon their missionary labors in the charteses? limits of Georgia or take the oath to sustain that State in her measures against the Cherokees. All accepted one of the other of these terms except the Dr. and Mr. N. Of course the former were released, while the latter were shut up in prison. I have said abandon Missionary labours, but I would here remark that the greatest part were not missionaries, but citizens of the Cherokee country. Now Georgia had herself into a difficulty which she neither intended nor expected. She had no idea, but all would be "broken down" before they reached the walls of the Penitentiary. You were acquainted no doubt with the circumstance of their carrying their case by a Writ of Error, to the Supreme Court of the United states, which was decided in their favor, and the laws which had imprisoned them pronounced null and void. Orders were immediately issued from said Court for their release; but to this mandate Georgia paid no regard. In the mean time many of the most influential men in the State were visiting and most [[camostly?]] soliciting them to accept a pardon from the Governor. They even used their ingenuity in devising means to thrust them out of prison, without bowing to the Supreme Court. At one time a plan was laid for them to return home on parole. To this they (the Missionaries) replied, they could not view a request for this coming from themselves expedient, for they already considered they were fully entitled, by law and equity to an unconditional and final discharge. So this scheme failed, for with all their in[[text covered with a seal]] [[?uity]] [[word blotted out]] could not make it appear to the world that they came out by making [[word covered]] nion, and applying to the authorities of Georgia for a release and in a political point? view this was very important for the Governor. Things remained in this state till the last of Nov. 1832, when the prisoners gave notice of their intention to further prosecute their case in the Supreme Court. This created fresh alarm. They were again solicited and entreated, and had the assurance from the Governor's most confidential friends that, if they would only withdraw the notice, they had given, they should soon have an unconditional and final discharge. About this time from a number of causes, they were led to view the subject in a somewhat different aspect. Their views had not changed, but circumstances had. The political affairs of the nation were now in such a situation, they feared that the prosecution of their appeal would prove a public injury rather than a public good. They consulted the Prudential Committee, and other influential friends and impartial Judges, who considered they had better withdraw their suit. This being done, they were afterwards released and soon returned to their families and labours. I will now ask you to go to March and May Heralds for 1833. There you will find a full statement of their views for entering the Penitentiary, and also for leaving it.

Revision as of 21:21, 15 October 2020

and that they should be supported, even to the end. When they had remained in this situation ten or twelve days, their case was brought to trial by a writ of Habeas Corpus. In the mean time the br. had an attack of the bilious colic which few thought he would survive. In the trial also, all was peace within. He expected never to meet again with his family on earth but could with confidence say, "Not my will but thine be done." - The result of their trial was, their being ordered to give security for their appearance at the next term of the Superior Court, or again committed to jail. Orders had been given by the Governor if they were released by the Court or gave bail and returned home, to have them immediately arrested again. They however gave bail and returned home but thought it not prudent to remain there, as another arrest before they were brought before the Superior Court would not benefit their cause. On the 8th of Sept. my husband left home for his trial in Lawrenceville Geo. There were ten in company. Their trial came the 15th and on the 16th they were sentenced to four years hard labor in the Penitentiary. They had many friends in Georgia who were very indignant at the treatment they had received. They were now placed under a humane guard, and were four days on their journey to Milledgeville. The br. and Mr. Worcester had horses provided them by a friend, but as the rest of the company had none, they walked a great part of the way, that others might ride. When they arrived at the gate of the penitentiary, pardon was offered on condition that they would abandon their missionary labors in the charteses? limits of Georgia or take the oath to sustain that State in her measures against the Cherokees. All accepted one of the other of these terms except the Dr. and Mr. N. Of course the former were released, while the latter were shut up in prison. I have said abandon Missionary labours, but I would here remark that the greatest part were not missionaries, but citizens of the Cherokee country. Now Georgia had herself into a difficulty which she neither intended nor expected. She had no idea, but all would be "broken down" before they reached the walls of the Penitentiary. You were acquainted no doubt with the circumstance of their carrying their case by a Writ of Error, to the Supreme Court of the United states, which was decided in their favor, and the laws which had imprisoned them pronounced null and void. Orders were immediately issued from said Court for their release; but to this mandate Georgia paid no regard. In the mean time many of the most influential men in the State were visiting and most camostly? soliciting them to accept a pardon from the Governor. They even used their ingenuity in devising means to thrust them out of prison, without bowing to the Supreme Court. At one time a plan was laid for them to return home on parole. To this they (the Missionaries) replied, they could not view a request for this coming from themselves expedient, for they already considered they were fully entitled, by law and equity to an unconditional and final discharge. So this scheme failed, for with all their intext covered with a seal ?uity word blotted out could not make it appear to the world that they came out by making word covered nion, and applying to the authorities of Georgia for a release and in a political point? view this was very important for the Governor. Things remained in this state till the last of Nov. 1832, when the prisoners gave notice of their intention to further prosecute their case in the Supreme Court. This created fresh alarm. They were again solicited and entreated, and had the assurance from the Governor's most confidential friends that, if they would only withdraw the notice, they had given, they should soon have an unconditional and final discharge. About this time from a number of causes, they were led to view the subject in a somewhat different aspect. Their views had not changed, but circumstances had. The political affairs of the nation were now in such a situation, they feared that the prosecution of their appeal would prove a public injury rather than a public good. They consulted the Prudential Committee, and other influential friends and impartial Judges, who considered they had better withdraw their suit. This being done, they were afterwards released and soon returned to their families and labours. I will now ask you to go to March and May Heralds for 1833. There you will find a full statement of their views for entering the Penitentiary, and also for leaving it.